| Matter of Batavia First v Town of Batavia |
| Motion No: 754 |
| Slip Opinion No: 2006 NYSlipOp 75085 |
| Decided on September 12, 2006 |
| Court of Appeals Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and subject to revision before publication in the Official Reports. |